Terms of service of the hosting provider Hostiko

By paying for the services of the hosting company Hostiko (hereinafter the Operator) the user (hereinafter the Client) accepts the terms defined in this document.

Areas of resposibility of the Client and the Operator
1. The Operator holds full responsibility for solving any problems related to their hosts and internet connection.
2. The Client is responsible for solving any problems with their operating system and software installed on their virtual server. The only exception is when the Client orders administration and infrastructure maintenance service.
Rights and duties of the Client
1. The Client gets access to the server of the Operator according to the terms of their contract. The Client holds full responsibility for their actions on the server.
2. The Client can install any software and operating system if it is legal and does not violate intellectual, copyright and related rights as well as effective laws of Ukraine and the EU.
3. The Client is obliged to moderate the content, monitor software usage and information resources they upload to the Operator's server so that it is compliant with the effective laws of Ukraine and the EU.
4. The Client can use the hosting services for any activity unless it is prohibited by the effective laws of Ukraine and the EU.
5. The Client is obliged to obey the regulations of the effective laws of Ukraine and the EU when they are working with the company's servers.
6. The correspondence of the Client and the Operator must be kept secret. The distribution of the correspondence, tickets or other private information is prohibited.
7. The Client must maintain the Operator's business reputation. The Client is not allowed to conduct any activity that may damage the reputation of the Operator or promote information, cyber and/or other kinds of attacks on the Operator.
8. The Client must keep data that may lead to attacks on the Operator or reputational damage confidential. The Client is not allowed to share information about the hosting provider infrastructure, network, weaknesses and vulnerabilities, access credentials and/or any other information with third parties.
Rights and duties of the Operator
1. The services of the Operator are provided "as is". The Operator has a right to change the delivery of services or pricing policy. The changes take effect within 24 hours of publication on the Operator's Website.
2. The Operator can not be held liable for the content that the Client hosts on the Operator's servers.
3. The Operator does not guarantee the SLA (assured availability) except in the event that the Client ordered administration and infrastructure maintenance service.
4. The Operator can not be held liable for cyber attacks, data leak and other events that caused damage to the data or reputation of the Client if such events occurred due to the Client's fault. The only exception is when the Client orders administration and infrastructure maintenance service.
5. The Operator may not guarantee stable bandwidth for a virtual or dedicated server with Fair Use Policy support. The only exception is when the Client orders guaranteed bandwidth as additional service.
6. The Operator does not inspect the content hosted by the Client, except in the event of a complaint of the third party concerning Client's content.
7. The Operator has a right to stop Client's servers for maintenance or recovery from cyber attacks, natural disasters or other events.
Prohibitions
1. Hosting of materials containing pornography, advertisements or links to resources containing pornography or pornographic images and/or similar materials is prohibited.
2. Hosting and usage of software or content prohibited by the effective laws of Ukraine and the EU, software or content that violates copyright and related rights is prohibited.
3. Hosting and usage of software designed for phishing, grabbing, botnets and other illegal software that violates the principles of legal work on the Internet is prohibited.
4. Mass correspondence is prohibited if it has the characteristics of spam, i.e. the Users did not subscribe for it and it does not contain any indication of the person who sends or subscribes to the correspondence.
5. Illegal activities such as network scanning in order to gain unauthorized access to certain resources, DDoS attacks and similar activities are prohibited.
Termination of service by the Operator
1. The Operator has a right to stop providing services to the Client immediately and without notice if the following violations are found:
  1. Mass correspondence sent to users who did not express their consent to receive such correspondence.
  2. Defamation, personal data disclosure, violation of intellectual, copyright and related rights.
  3. Violation of privacy rights, publishing false information or defamation.
  4. Content or software that insults users, incites ethnic or racial hatred, promotes terrorism, violence and murder.
  5. Attempts to interfere with the functioning of the servers, network and other resources of the Operator.
  6. False personal data provided to the Operator by the Client or refusal to update personal data.
  7. Derogatory or obscene language in communication with the Operator's employees or spreading defamation that injures the Operator's reputation.
Refund
1. The Operator returns funds to the Client following the procedure described below:
  1. When the Client requests a return of the unused funds from their personal accounts on the Website, the Operator charges $5 (150 hryvnias) as accounting fee from the funds returned. The payment system charges commission as well.
  2. If the Client can't use the services they ordered due to the Operator's fault (the network is not functioning, a host machine or server hardware is out of order) and asks for a refund, the Operator returns funds within 30 banking days without a commission fee by prior agreement with the Operator.
  3. Refund is not possible if the Client has violated the current Terms of Service.
  4. Refund is not performed for additional services.
  5. If the Operator suffered losses (disconnection of servers, networks, blacklisting of the Operator's IP addresses) due to the Client's fault, the Operator retains part of the Client's funds that is equal to the amount of loss.
  6. If the Client caused substantial damage to the reputation of the Operator, hosting services or the infrastructure, the Operator has a right to retain the funds of the Client.

Final provisions

The Operator is obliged to maintain a decent service level and working order of host machines, network and the infrastructure as a whole. If the Client finds faults or vulnerabilities in the company's infrastructure, they are bound to notify the Operator about that. The Operator is obliged to solve the problem reported by the Client.